The People Bulletin

Further to our story in The People Bulletin on 4 June 2009, ‘Dads miss out on sharing paternity leave – for now’, the Department for Innovation and Skills has announced that the Government will consult shortly on new regulations designed to give families greater flexibility in how they choose to look after their children. This new provision will be available during the second six months of the child’s life and would be an option if the mother has maternity leave outstanding.

Business Minister Pat McFadden has stated that the number of businesses affected is expected to be small – less than 1% of small businesses – and promises support in the introduction of the rules. He said: ‘As family friendly policies have been introduced we have seen more retention of mothers in their current jobs when they go back to work.’

In order to give employers time to adjust it will be introduced for parents of children due on or after 3 April 2011. Estimated take-up of Additional Paternity Leave is less than 6% and it is estimated that take up will affect 0.7%, or one in every 137, of all small businesses.

Under the new scheme (assuming the legislation goes through with no hiccups):

1. families will have the choice to transfer up to six months leave to the father should they want to, which can be taken by the father once the mother has returned to work;
2. this new provision will be available during the second six months of the child’s life, giving parents the option of dividing a period of paid leave entitlement between them;
3. some of the leave may be paid if taken during the mother’s 39 week maternity pay period. This would be paid at the same rate as Statutory Maternity Pay (currently £123.06); and
4. parents will be required to ‘self certify’ by providing details of their eligibility to their employer. Employers and HMRC will both be able to carry out further checks of entitlement if necessary.

Employed fathers are currently entitled to two weeks paid paternity leave and mothers to 52 weeks maternity leave, of which up to 39 weeks are paid. Employed parents are also entitled to a total of 13 weeks unpaid parental leave until the child’s fifth birthday. Parents of children aged 16 and under have the right to request flexible working. These rights will not be affected by the introduction of additional paternity leave.

See also ‘The family way' by Deborah Nathan in this issue of the People Bulletin